The teaching activity, in accordance with the indications provided by the Dublin descriptors, aims to provide students with: - Knowledge of the characteristic elements of the Italian system of fundamental rights and of Italian constitutional and supranational justice; - Ability to apply the concepts learned in relations to specific case-law and to know how to tailor them in the current situation, also through the identification and interpretation of the relevant regulatory provisions and the jurisprudence; - Ability to defend a legal point of view with reference to the topics learnt during the course; - Ability to express the acquired notions with argumentative coherence, systematic method and language properties; - Ability to detach the historical and evolutionary profiles of constitutional law
Expected learning outcomes
Al termine del corso lo studente che abbia proficuamente appreso la materia avrà una conoscenza approfondita degli argomenti del corso, con l'acquisizione di un metodo di ragionamento idoneo ad affrontare temi giuridici più specifici e complessi rispetto alle nozioni istituzionali del diritto costituzionale.
Lesson period: year
(In case of multiple editions, please check the period, as it may vary)
The course deals with the issues related to the recognition and guarantee of fundamental rights. The teaching activity will be conducted primarily through the analysis of the classical freedoms, expressly recognized by the Italian Constitution, and also of the "new rights", in the light of the Italian Constitution as well of supranational conventions. Secondly, the tools of judicial protection of the rights will be analzed, with attention to the impartiality of the judges and to the right of defense; in this perspective, particular attention will also be payed to the role of the italian Constitutional Court. Furthermore, the lessons will focus on the system of protection of fundamental rights at the level of the European Union and, more generally, at a supranational level, by examining the main international treaties and the corresponding control mechanisms. In this perspective, a specific part of the course will be devoted to the relations between the national, the european and sopranational legal systems, with specific regard to the relations between the italian Constitutional Court, the Court of Justice of the European Union, the European Court of Human Rights and the European Committee of Social Rights. The lessons will be conducted through direct examination - also by the students, under the supervision of the professors - of the most significant cases and of the most important decisions set by the Courts. Analytical program: - introductory notions on the recognition and protection of human fundamental rights; - classic freedom rights, expressly cited in the Italian Constitution; - cd. "new rights" and related underlying issues; - the italian judicial protection of rights; - the constitutional judgment of the Italian Constitutional Court; - the recognition and protection of human fundamental rights at the supranational level; - relationship between the Courts in the protection of human rights.
Erasmus students: No specific programmes for Erasmus students.
Prerequisites for admission
- frontal lessons - case-law analysis by the teacher which allows students to engage in the challenges that are nowadays affecting the national as well as the supranational system of rights' protection - thematic insights offered by in-class-presentations provided by students, which analyze and report the achieved results in the classroom - visit to a prison in order to focus on detainee's rights - participation in a hearing at the Constitutional Court
- M. D'Amico - G. Arconzo - S. Leone, Constitutional Law Lessons, FrancoAngeli, Milan, 2018, chapters VII, IX and X; - M. D'Amico, the disputed rights. Current issues of constitutionalism, FrancoAngeli, Milan, 2016.
Attending students will be asked to attend the practical activities offered by the course, which will consist of an individual oral speech, guided by the teachers, on one or more case law cases, focused on the analysis of procedural and merit profiles. The teacher will provide the relevant materials. The grade of the practical activity will be communicated in a class after the discussion, will take into account the capacity to identify the critical elements of the case-law and to explain them in technical language and in a clear way. The final grade (out of 30) will consist of an overall evaluation of the practical activity and the outcome of the final oral exam.
For non-attending students, the exam will consist only of an oral examination with the teachers on the course program. The final grade will be out of 30).